Q: I've been served with divorce/summons papers, and I want to make sure I'm not signing something that hurts me in the end
My husband essentially kicked me out of our house (in his name), cut me off (he makes the money), and filed for divorce. The papers I received say summons and that I need to sign and return within in 28 days, but I want to make sure I'm not signing anything that hurts me. It also says I'm being sued, but my husband insists that I'm not. Can you help explain to me what the summons is, and why it says I'm being sued?
Thank you
A:
The summons is intended to make you aware that you are a party to a complaint - in this case a divorce. The terms "suit" or "sue" include divorce proceedings - anything civil (i.e., not criminal) involves a similar process.
Your signature on the back of the summons indicates that you've received notice. You then have a period of time to file a written answer to the complaint, and file it with the court. Your signature on the summons does not mean you agree with what your husband is saying; that is what your answer is for. If you do not sign it, he or his attorney will need to serve you by mail or through a process server.
Importantly, if you do not file a written answer with the court in the required time frame, the court could find you in default, allowing your husband to obtain a default judgment against you. If you haven't already, you should consult with a lawyer.
Kendra Ortega agrees with this answer
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